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2002-01-13

Sunday, January 13, 2002 5:09 PM
Victims Compensation Act/ World Trade Center Attack

Kenneth L. Zwick, Director:

Attached please find our comments regarding the proposed regulations to the Vicitims Compensation Act. Please accept the attached among the voices of the families and kindly give our views your attention and consideration in honor of the memory of our beloved brother, &nbsp&nbsp&nbsp&nbsp .

Thank you.



Attachment1:

January 13, 2002


Via e-mail and Facsimile
Mr. Kenneth L. Zwick
Director, Office of Management Programs
Civil Division
United States Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Re: September 11th Victim Compensation Fund of 2001

Dear Mr. Zwick:

On September 11, 2001, we lost &nbsp&nbsp&nbsp&nbsp , age 40, in the attack on the World Trade Center. &nbsp&nbsp&nbsp&nbsp was an employee of &nbsp&nbsp&nbsp&nbsp attending a meeting oat the &nbsp&nbsp&nbsp&nbsp held on the &nbsp&nbsp&nbsp&nbsp floor of Tower II. &nbsp&nbsp&nbsp&nbsp is survived by his wife, &nbsp&nbsp&nbsp&nbsp , age 38, his two daughters, &nbsp&nbsp&nbsp&nbsp , age 5, and &nbsp&nbsp&nbsp&nbsp , age 3, his parents, &nbsp&nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp ; his siblings, &nbsp&nbsp&nbsp&nbsp , &nbsp&nbsp&nbsp&nbsp , &nbsp&nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp ; and his niece and nephew, &nbsp&nbsp&nbsp&nbsp , age 11, and &nbsp&nbsp&nbsp&nbsp , age 9. There are no words to describe the intense emotional pain and suffering this has inflicted on us all. We will walk bearing the pain of this tragedy for the rest of our own natural lives.

With this said, we write this letter in protest over the regulations promulgated by Special Master Feinberg under the provisions of the September 11th Victim Compensation Fund of 2001, Title IV, of Public Law 107-42, 115 Stat. 230 (Air Transportation and Safety Act), which was intended to provide full economic and non-economic compensation to the families of those killed on September 11, 2001. These regulations contradict the intent and mandate of the statue by pre-determining the awards and placing arbitrary limits on the awarded amounts. Specifically, the pre-determined cap on earnings; the nominal, pre-determined amount awarded for non-economic loss; and the reduction of the awards by monies received through life insurance, government programs and/or employer benefits are contradictory to the language and intent of the statute and constitute a betrayal of trust placed in our government.

Determining the financial security of the victims' families is not why the statute was passed and should not be the basis of the ensuing regulations. The intent was and should be to compensate the victims' families for the loss of their loved ones regardless of age, race, religion, or socioeconomic status. Capping the award for economic loss at an annual salary of $231,000.00 is discriminatory. Moreover, there is nothing in the statute, which allows for the limitation or capping of earnings. Similarly, to penalize the families by reducing the overall awards by monies received from life insurance, government programs and employer benefits is discriminatory, insensitive and contradictory to the intent of the law.
The non-economic loss cannot be pre-determined by the special Master. The pain, suffering and emotional ramifications affecting &nbsp&nbsp&nbsp&nbsp , &nbsp&nbsp&nbsp&nbsp , &nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp extended family run deep and will have an undetermined effect for many years to come. The daily stress and emotional pain that has and will be endured and the resultant effect it will have on the health, well being and quality of life of his family members may be minimal or catastrophic.

To sanction such a nominal award for the loss of a husband and father to two young children and to deduct all collateral source payments is disgusting and insulting. As time marches on and places more distance between the horrific events and the enormity of September 11, 2001, it will become easy for those who have not been directly affected to forget and become complacent. The discrepancy between the original intent and language of the statute passed into law in September and the regulations promulgated in December bear testimony to this. The American people and its elected officials cannot afford to forget and must take care of these families. To forget will leave us vulnerable to future attacks and destroy our way of life and to fail to fairly compensate these families would be to perpetuate the injustice we have suffered.

As American taxpayers, forgetting that we have suffered a tragic loss, we are outraged that our government, the most respected democracy, governing the most powerful country in the world, fails to take care of its own people while continuing to feed, clothe, and perhaps, even to educate the Afghani people. It is time to put Americans first, to take care of our own at home before spending billions overseas. What type of a message is sent to the American people when Americans killed on our own soil, innocent victims of terrorism are not provided for and are even penalized? We cannot buy the goodwill of the people of Afghanistan, but we must provide equally and without bias to the victims' families.

Finally, as information pertaining to the plotted events of September 11, 2001 becomes available, it is clear that the FBI, CIA, FAA and the airlines all bear responsibility in their failure to prevent, detect, and stop the attacks and in their failure to protect the American people. All of these entities had a duty to be vigilant and must be held accountable.

We urge you to do the right thing, to make us proud and to honor those lives that have been lost, to provide for those innocent children who have lost a parent, to compensate each family fairly by removing the salary cap and the reductions from all collateral sources from the proposed regulations.

Very truly yours


Individual Comment

2002-01-13